Pastures Protection (Amendment) Act 1964 (NSW)

PASTURES PROTECTION (AMENDMENT) ACT.

AclNo. 70, 1964.

Elizabeth n, An Act to make further provisions with respect to No. 7^1964 rating under the Pastures Protection Act, 1934, as

amended by subsequent Acts; to increase the rates payable under that Act, as so amended, for travelling stock; to make provisions prohibiting the marking of the fleeces and skins of sheep with certain substances; for these and other purposes to amend that Act, as so amended; and for pur­ poses connected therewith. [Assented to, 18th December, 1964.]

Pastares Protection (Amendment) Act. 781

1>E it enacted by the Queen’s Most Excellent Majesty, by No. 70,198* follows: —

" and with the advice and consent of the Legislative

Council and Legislative Assembly of New South Wales in

1. (1) This Act may be cited as the ‘Pastures Protec- short titia

and

tion (Amendment) Act, 1964”.	citatKMi.
(2) The Pastures Protection Act, 1934, as amended by subsequent Acts and by this Act, may be cited as the Pastures Protection Act, 1934-1964.
(3) The Pastures Protection Act, 1934. as amended by subsequent Acts, is in this Act referred to as the Principal Act.

2.	(1) Part I of the Principal Act is amended—	Amendmeotf of Act No. ■
35,1934.
Parti.
(Prelimin­ ary.)

(a) by omitting from the matter relating to Part VIII Sec.2.

in section two the figures and letter “157a” and (Division

by inserting in lieu thereof the figures and letter

“157b” ;

(b) (i) by omitting from section four the definition seo.4.

of “Colour brand” and by inserting in lieu (interpro-

thereof the following definition ; — tation.)

“Colour brand” means any brand made upon a sheep by means of a prescribed substance that is of a prescribed colour.

(ii)   by inserting in the same section after the definition of “Permit officer” the following new definition; —

“Pig” includes boar, sow, barrow, piglet

or sucker.

(2) Subparagraph (i) of paragraph (b) of subsection

one of this section shall commence upon a day to be appointed by the Governor and notified by proclamation published in

Gazette.

783                Pastures Protection (Amendment) Act.

No. 70,1964	3.	Part II of the Principal Act is amended—
Further amendment of Act No. 35,1934. P a rtn . (Pastures Protection Districts and Boards.)

Sec. 8.	(a) by omitting paragraph (e) of subsection one of
ordinary

(Extra­	section eight and by inserting in lieu thereof the
vacancy.)	following paragraph; —

(e) becomes a mentally ill person, a protected person or an incapable person within the meaning of the Mental Health Act, 1958, as amended by subsequent Acts; o r ;

Sec. 23. (b) by omitting from subsection one of section twenty-

(Permit	three the words “The Minister” and by inserting in
officers.)	lieu thereof the words “A board” ;

Sec. 24.	(c) by inserting next after subsection two of section
officers.)

(Other twenty-four the following new subsection: —

The Crown shall contribute one-half of the cost of insurance under the Workers’ Compensa­ tion Act, 1926, as amended by subsequent Acts, in respect of each ranger.

( 2 a )

Further	4.	(1> Part III of the Principal Act is amended—
amendment
of Act No. ■
35, 1934.
Part III.
(Rates.)

New sec. (a) by inserting next after section twenty-five the

25a.	following new section : —
Special	25a. ( 1) For the purpose of defraying expenses incurred by it in any year in connection with the eradication and control of disease in pigs, a board may, subject to this Part, make and levy in the next ensuing year a special rate on each occupier of
rate for
pigs.

land

Pastures Protection (Amendment) Act. 783

land which is ratable land under subsection three No. 70, 1964

of section thirty-one of this Act and is within the

district.

(2) In addition to any specific provisions relating to any such special rate, the provisions of this Part (subsections two, three and four of section twenty-seven, section thirty, subsections one and two of section thirty-one and section thirty-two excepted) shall apply, mutatis mutandis, to the making, levying, notification, collection, payment, recovery and apportionment of such special rate, and for those purposes, “stock”, in this Part, includes pigs.

(b) by inserting next after section twenty-eight the New sec. following new section : —

28a. a person shall, within one month of his Notification

ceasing to be or becoming the occupier of ratable occupancy

land, give the prescribed notice to the board.

of ratable

land.

(c) (i) by inserting next after subsection one of section ggo. 29. twenty-nine the following new subsection: — (Liability

of person

(1 a ) The provisions of subsection one o f becoming

this section shall not aflfect or extend to any person who is the occupier of land the subject of a lease or purchase from the Crown, where the lease is granted or purchase is made after the rate is levied, whether the land has been previously held under a lease or purchase from the Crown or not.

,(ii) by omitting subsection five of the same section and by inserting in lieu thereof the following subsection: —

(5) If the occupier of any Imid pays to the board any rate which accrued during the occupancy of the land by some other person, he may recover from that other person such proportion of the rate as accrued whilst that other person was in occupation of the land.

(d)

784                Pastures Protection (Amendment) Act.

No. 70, 1964	(d)	by inserting next after subsection two of section
Sec. 31.	thirty-one the following new subsection : —
(Ratable

land.) (3) In respect of any year in which a board

makes a special rate pursuant to section 25a of this

Act, the occupier of land within a district—

(a)	on which land there were kept on the thirty- first day of December preceding the year for which the special rate is made, four pigs or more; or
(b)	in respect of which land the number deter­ mined by the board pursuant to subsection two of section 32a of this Act or by a local land board on appeal is four or more,

shall, subject to subsection two of section 25a of this Act, be ratable and the land shall be ratable land for the purposes of section fifteen of this Act and this Part, but shall not, by reason only of this subsection, be ratable land for the purposes of any other Act.

New sec. (e) by inserting next after section thirty-two the follow­

32a. ing new section: —

Amount of	32a. ( 1) Subject to the provisions of this Act, a
special

rate for	special rate made pursuant to section 25a of this
pigs.	Act shall be calculated in accordance with the number of pigs shown in the return furnished in pursuance of the provisions of section thirty-nine of this Act as being owned by the occupier and on the land on the thirty-first day of December immediately preceding the year for which the rate is made, including pigs so owned which were travelling to or from the said land and pigs which have been removed from that land on agistment.
Where, however, the one occupier is ratable in respect of more than one holding, any travelling pigs or pigs on agistment shall be taken into account in respect of one of such holdings only.

(2)

Pastures Protection (Amendment) Act. 785

(2) Where a board is aware that an occu- No. 70, 1964

pier of land within the district has kept pigs on the land during any part of the year hnniediately pre­ ceding the year for which a special rate is made pursuant to section 25a of this Act and—

(a)	the number of pigs shown in the return referred to in subsection one of this section is less than the number, as determined by the board, of pigs which could reasonably have been kept on the land on the thirty- first day of December immediately preceding the year for which the special rate is made;
(b)	the return is not furnished to the secretary of the board by the prescribed date,

the special rate shall be calculated in accordance with the number, as determined by the board, of pigs which could reasonably have been kept on the land on the said thirty-first day of December.

(3) In making any such determination, the board shall have regard to the nature of the holding, the improvements and equipment thereon used or usable for pig-keeping, the manner in which the holding has been worked and any other relevant information in the board’s possession.

(4) Where the occupier of any land is dissatisfied with any determination of the board made pursuant to subsection two of this section, he may, within thirty days after service of the rate notice, appeal in the same manner as is provided in section thirty-three of this Act in the case of appeals against the board’s determination of carrying capacity.

The provisions of the said section thirty-three shall apply, mutatis mutandis, to any appeal pursuant to this subsection and a reference in that section to carrying capacity shall be construed as a reference to the number of pigs which could

reasonably

786                Pastires Protection (Amendment) Act.

No. TO, 1964 reasonably have been kept on that land on the relevant date, having regard to the matters referred to in subsection three of this section.

(5) Where the rate calculated in accord*

ance with the provisions of this section is less than two shillings, the rate which shall be levied shall be two shillings.

See. 39.	(f)	(i)	by inserting next after subsection one of section
(Returns	thirty-nine the following new subsection : —
of land
and stock.)	(1a) Any return purporting to be a return under subsection one of this section and to be made or signed by or on behalf of any person shall be deemed to be a return under that subsection duly made and signed by that person until the contrary is proved.
(ii)	by inserting at the end of the same section the following new subsection : —

(3) In this section, “stock” includes pigs.

New sec. (g) by inserting next after section thirty-nine the

39a. following new section: —

Duty to	39a. (1) A board may, in the prescribed
supply in­

formation	manner, require any owner or occupier of land,
respecting	or any owner of stock to furnish, within the
land or
stock.	prescribed time and in the prescribed manner, any information regarding such land or stock which is required by the board for the purposes of verify­ ing or inquiring into the accuracy of information contained in any return of land and stock furnished to it under section thirtymine of this Act.
(2) Any person who, being required to furnish any information pursuant to subsection one of this section—

(a) fails to do so within the prescribed time or in the prescribed manner; or

(b)

Pastures Protection (Amendment) Act. 787

(b) furnishes any incorrect or misleading No. 70, 1964 information,

shall be liable to a penalty not exceeding fifty

pounds.

(3) In this section, “stock” includes pigs.

(h)

by inserting in section forty after the word “Part” sec. 40. where firstly occurring the words and symbols (Holdings

“ (other than subsection three of section thirty-	more
one)”.	districts.)

(2) Paragraphs (b) and (g) of subsection one of this section shall commence upon a day to be appointed by the Governor and notified by proclamation published in the Gazette.

5. (1) Part IV of the Principal Act is amended- Further amendment of Act No. 35, 1934. Part IV. (Travelling Stock and Travelling Stock and Camping Reserves.)

(a)	by omitting from subsection (3b) of section forty-sec. 4i. one the words “section sixty-six” and by inserting (Control of
in lieu thereof the words, figures and letters and
“sections sixty-six, 6 6 a and 6 6 b ” ; camping reserves.)

(b) (i) by omitting from subsection two of section Sec. 43.

forty-three the words “one shilling” where (Rate on firstly occurring and by inserting in lieu there- ^ock!)” * of the words “one shilling and fourpence” ;

(ii)   by omitting from the same subsection the words “one shilling and sixpence” and by inserting in lieu thereof the words “two shillings” ;

(iii)

•m Pastares Protection (Amendment) Act.

No. 70, 1964 (iii) by inserting in the same subsection after the words “twenty-five head” the words “but in neither case shall the amount payable in respect of any journey be less than two shillings and sixpence.” ;

Sec. 48.	(c) (i) by inserting in subparagraph (i) of paragraph
(Permits,

licenses, and

(a) of subsection one of section forty-eight

travelling

after the word “person” the words “and the

statements.)

stock moved are the stock described in the

permit issued for the journey” ;

(ii)   by inserting at the end of subparagraph (ii) of the same paragraph the word “or” ;

(iii)   by inserting in subparagraph (iii) of the same paragraph after the word “statement” where secondly occurring the words “and the stock moved are the stock described in the travelling statement” ;

(iv)   by inserting next after paragraph (b) of sub­ section two of the same section the following new paragraph : —

(bl) in the case of sheep or large stock being moved by their owner by the most direct route between two hold­ ings occupied by him within the same district, such holdings being by such route more than twelve miles apart, provided that their movement over any travelling stock reserve, camping reserve or road is entirely by motor transport;

(v)   by inserting next after subsection seven of the same section the following new subsection : —

(8) Any person who in or in connection with any application for a permit or renewed permit or in connection with any travelling statement furnishes any information which is false or misleading in any material particular shall be liable to a penalty not exceeding fifty pounds.

(d)

Pastures Protection (Amendment) Act. 789

(d )	(i)	forty-nine the words “Where the owner of stock moves them on a journey in respect of (stocĵ which a permit or renewed permit under this Act is required and within one month after pre^ous the stock have arrived at their destination he destination desires to move them to another destination he travelling shall obtain a renewed permit for such subse- charge.)
by omitting from subsection one of section No. 70, 1964 the following words : —
If any stock are moved on a journey in respect of which a permit or renewed permit under this Act is required and within one month after the stock have arrived at their destination it is desired to move them to another destination a renewed permit shall be obtained for such subsequent journey.
(ii)	by omitting from subsection two of the same section the words “the Minister, or” ;
(iii)	by omitting subsection nine of the same section and by inserting in lieu thereof the following subsection : —
(9) If any person moves any stock on a journey in respect of which a renewed permit is required by this section, and if such renewed permit has not been obtained or the stock so moved are not the stock described in the renewed permit, the owner of the stock, unless they are being moved without his authority, and, if the stock are moved by some person other than the owner, that person, shall be liable to a penalty not exceeding fifty pounds.

(e)	by inserting at the end of section fifty-three the Sec. 53.
following new paragraph : — (Stock not to be driven

In this section “board” means the board for the

district where the permit or renewed permit is consent.)

issued or, in cases where a travelling statement is

required, the board for the district in which the

journey specified in the travelling statement

commences.

Pattares Protection (Amendment) Act.

No. 70, 1964	by omitting from subsection two of section fifty-
Sec. 58.	eight the words “any penalty imposed, order such
(Kate of	person” and by inserting in lieu thereof the words
travel)	“imposing a penalty, order the person shown as the owner of the stock in the permit, renewed permit, travelling statement or working large stock license, as the case may be” ;

Sec. 66.	(g) by omitting subsection two of section sixty-six and
lawfully on

(Stock un­	by inserting in lieu thereof the following subsec­
a travelling	tion : —
stock
reserve.)	(2) The court before which a person is con­ victed of an offence against the provisions of subsection one of this section shall, in addition to imposing a penalty, order the owner of the stock—

(a)	where the offence was committed within one district to pay to the board for that district; or
(b)	where the offence was committed within two or more districts to pay to the board for each such district in such proportions as the court deems equitable.

agistment fees, as prescribed, calculated in respect of the number of days the stock were trespassing on the travelling stock reserve.

The provisions of subsection two of section fifty- eight of this Act relating to the operation and enforcement of orders for the payment of agistment fees shall apply, mutatis mutandis, to orders for the payment of agistment fees made pursuant to this subsection.

New secs. (h) by inserting next after section sixty-six the following

66a and 66b.	new sections : —
Impounding.	6 6 a . (1 ) (a) Any stock deemed by section sixty-six of this Act to be trespassing stock may be impounded by the board on any day of the week and at any time of the day or night.

(b)

Pastures Protection (Amendment) Act. 791

(b) Such impounding may be effected No. 70, 1964

by a ranger or other officer of the board or any

person authorised in writing by a ranger.

(c) Subject to paragraph (d) of this

subsection, the ranger, officer or person impounding

the animal shall drive, lead or otherwise take it to

such pound as he deems convenient. •

(d) The board may detain any animal

in like manner and for the like period that a council may do so under the provisions of section four hundred and twenty-six of the Local Government Act, 1919, as amended by subsequent Acts.

(2) Any animal seized or detained for the purpose of impounding may, at any time before it is placed in a pound, be released by the board or any person empowered by this section to effect an impounding to the owner of the animal or any person authorised in writing by him to take delivery thereof on his behalf upon payment of deterrent fees, damage fees and driving charges calculated at the rates applicable to a case where an animal is impounded by the board.

(3) Where any money is received from a person to whom a seized or detained animal is released in pursuance of subsection two of this section he shall be issued with a receipt therefor and the money shall forthwith be paid over to the board by the person who received it.

(4) Where the board or any person empowered by this section to effect an impounding has seized or detained an animal for the purpose of impounding, it or such person, as the case may be, shall, on demand by the owner of the animal or any person authorised in writing by him as aforesaid, state the amount to be paid to obtain the release of the animal and, if demanded, furnish a statement showing particulars of such amount.

(5)

792                Pastares Protection (Amendment) Act.

No. 70, 1964 (5) Any person applying for the release

of any animal seized, detained or impounded in pursuance of this Act shall state to the board or the person to whom application is made his full name and address and also, if he is not the owner, the full name and address of the owner of the animal and shall, if he obtains the release of the animal, give a receipt for the animal.

Rescue. 6 6 b . Any person who rescues, or incites or assists any other person in rescuing any animal lawfully impounded or seized or detained for the purpose of being impounded in pursuance of the provisions of this Act, shall be liable to a penalty not exceeding twenty pounds, together with the fees, charges and damages payable to the board in respect of such animal.

(2) Paragraph (g) of subsection one of this section shall commence upon a day to be appointed by the Governor and notified by proclamation published in the Gazette.

Further	6.	Part VI of the Principal Act is amended—
amendment of Act No. 35, 1934.
Part VI. (Noxiou* Animals.)

Sec. 85. (a) by omitting from section eighty-five the words

(Permission	“the Consolidated Revenue Fund” and by inserting
to keep
noxious	in lieu thereof the words “such board as the
animals.)	Minister may direct” ;

Sec. 101.	(b) by inserting in subsection one of section one hundred” the words “or, at least seven days previously, has served upon the occupier of any land notice in writing of its intention to enter such land for the purpose of taking such measures and carrying out such work as it deems necessary for or with respect to the destruction of native dogs
authorised

(Powers of	hundred and one after the words “section one
person.)
thereon”. 7.

Pastures Protection (Amendment) Act. 793

7. Part VII of the Principal Act is amended— No. 70, 1964

•

Further

amendment

of Act No.

35, 1934.

Part VII. (Rabbit, Marsupial,

and Dog-

proof

Fences.)

(i)   by inserting in subsection one of section one sec. i26.

hundred and twenty-six after the words (Fencing

“adjoining the reserve” the words ‘̂or separ- reserves.)

ated therefrom only by a road” ;

(ii)   by inserting in paragraph (a) of the same subsection after the words “travelling stock reserve” the words “or road, as the case may be.” -

(b)	by inserting in subsection one of section one hundred sec. 143. and forty-three after the word “reserve,” the words (Persons “or a fence on the boundary of a holding separated
from a travelling stock reserve only by a road,” . proof, dog-proof, i,nd marsupial- proof fences.)

8.	(1) Part VIII of the Principal Act is amended—	Further amendment of Act No.
35, 1934.
Part VIII. (Branding and Ear­
marking of Sheep.)

(a)	by omitting from paragraph (b) of subsection two Sec. 145. of section one hundred and forty-five the words (Ownerof “the inspector,” and by inserting in lieu thereof register*
the words “a ranger” ; brand and earmark.)
(b)	section one hundred and fifty-seven the word (Offences.)

by omitting from subsections two and three of sec. 157. lieu thereof the words “secretary of the board” ;

(c>

794               Pastures Protection (Amendment) Act.

No. 70, 1964 (c) by inserting next after section 157a the following

New sec.	new section: —
157b.

Restriction	157b . (1) Except in such circumstances and
as to

marking of	subject to such conditions as may be prescribed,
fleece or	and except as provided in subsection two of this
skin of	section, a person who marks the fleece or skin of
sheep.	a sheep with any substance, whether for the purpose of branding or otherwise, shall be liable to a penalty not exceeding fifty pounds.
(2) The provisions of subsection one of this section shall not extend to the marking of the fleece or skin of a sheep with raddle, grease, crayon or a substance registered as a stock medicine under the Stock Foods and Medicines Act, 1940, or any Act amending that Act, or to branding with a colour brand.

(2) Paragraph (c) of subsection one of this section shall commence upon a day to be appointed by the Governor and notified by proclamation published in the Gazette, being a day not earlier than the day appointed pursuant to subsection two of section two of this Act.

Further	9.	(1) Part X of the Principal Act is amended—
amendment of Act No.
35, 1934.
PartX. (General ftovisions.)

Sec. 163.	(a) by inserting in subsection one of section one
not giving

(Penalty for	hundred and sixty-three after the words “to any”
information.)	the words “land, pigs,” ;

(b)

Statutory Salaries Adjustment Act. 79S

(b)	by inserting next after paragraph (m) of subsection No. 70, 1964 one of section one hundred and seventy-one the gee. 171.
following new paragraph : — ■ (Regula-

( ml ) the substances with which and the colours

in which colour brands may be made.

(2) Paragraph (b) of subsection one of this section shall commence upon the day appointed by the Governor pursuant to subsection two of section two of this Act.